f 

MINUTES OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 

LANCASTER, CALIFORNIA 

AGENDA ITEM§_ 

DATE: January 15, 2013 

RECOMMENDATION: Conduct a public hearing to consider the rescission of Rule 

111 O - Emissions From Stationary Internal Combustion Engines (Demonstration) a. 

Open public hearing; b. Receive staff report; c. Receive public testimony; d. Close public 

hearing; e. Make a determination that the CEQA Categorical Exemption applies; f. 

Waive reading of Resolution; g. Adopt Resolution making appropriate findings 

certifying the Notice of Exemption, rescinding Rule 1110 and directing staff actions. 

SUMMARY: This item officially sets the date for the mandatory public hearing to be 

held on the rescission of Rule 1110. Rule 1110 is proposed for rescission to remove a 

rule that is inapplicable due to the tern1ination of the program prior to the formation of 

the AV AQMD and the fact that none of the program engines were located within what is 

now the jurisdiction of the A VAQMD. The AV AQMD is proposing to rescind this rule 

due to its inapplicability. 

BACKGROUND On July 1, 1997 the Antelope Valley Air Pollution Control District 

(AV APCD) was created pursuant to statute (former H&S Code §40106, A.B. 266-Knight 

Ch. 542, statutes of 1996) and assumed all air pollution control responsibilities from the 

South Coast Air Quality Management District (SCAQMD) for the area of Los Angeles 

County outside the South Coast Air Basin. The SCAQMD rules in effect within the 

jurisdiction of the AVAPCD remained in effect until the AVAPCD Governing Board 

superceded, amended, or rescinded them. On January 1, 2002 the Antelope Valley Air 

Quality Management District (AV AQMD) was created pursuant to statute (H&S Code 

§41300 et seq.) to replace the AVAPCD. Once again the rules in effect at the time of the 

change remained in effect until the AV AQMD Governing Board superceded, amended or 

rescinded them. SCAQMD adopted Rule 1110 on November 6, 1981, and is the effective 

rule in the AV AQMD Rule Book 

Rule 1110 - Emissions From Stationa,y Internal Combustion Engines (Demonstration) 

was adopted by South Coast Air Quality Management District (SCAQMD) on November 

6, 1981 to set up a demonstration program to collect emissions data for SCAQMD Rule 

1110.1 - Emissions from Stationary Internal Combustion Engines. The SCAQMD 

demonstration program was completed on or about November 1991 . This was prior to 

the formation of the Antelo e Valle Air Pollution Control District on Jul 1. 1997. Rule 

1110 was subsequently rescinded by the SCAQMD on November 14, 1997. Due to the 

Cc: Barbara Lods 

I, CRYSTAL GOREE, DEPUTY CLERK OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT 

DISTRICT, HEREBY CERTIFY THE FOREGOING TO BE A 

FULL, TRUE AND CORRECl COPY OF THE RECORD OF 

THE ACTION AS THE SAME APPEARS IN THE OFFICIAL 

Ml S O I OVERNING BOARD MEETING 

~ - ~~~~--l-~~~~~~~~-==~~;,.;,,,i;!,,.,,C;.....::;..;:::;....__1.JUtJ.LU.,~8K-OF4~H-~~~~~~ 

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 
MINUTES OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 

LANCASTER, CALIFORNIA 

AGENDA ITEMg PAGE2 

provisions of the implementing statute and the subsequent statutory creation of the Antelope 

Valley Air Quality Management District the rule remained in the AVAQMD rule book though it 

was inapplicable due to the termination of the program and the fact 

that none of the program engines were located within what is now the jurisdiction of the 

AV AQMD. The AV AQMD is proposing to rescind this rule due to its inapplicability. 

Rule 1110 is a State Implementation Plan (SIP) rule. Removal from the SIP will not cause any 

increase in emissions since the demonstration program was completed prior to the formation of 

the AV AQMD and the rule is inapplicable. 

A Notice of Exemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. § 15308) will be 

prepared by the AV AQMD for the rescission of Rule 1110 pursuant to the requirements of 

CEQA. 

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require 

the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 

U.S.C. §741 O(l) (FCAA § 110(1)) requires that all SIP revisions be adopted after public notice 

and hearing. 

REVIEW BY OTHERS: This item was reviewed as to legal form by Karen Nowak, District 

Counsel and by Eldon Heaston, Executive Director on or before January 2, 2013. 

FINANCIAL DATA: No increase in appropriation is anticipated. 

PRESENTER: Bret Banks, Operations Manager 
MINUTES OF THE GOVERNING BOARD 

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT 

LANCASTER, CALIFORNIA 

AGENDA ITEM§_ PAGE3 

ACTION OF THE GOVERNING BOARD 

APPROVED 

Upon Motion by HAWKINS, Seconded by DISPENZA, as approved by the following 

vote: 

Ayes: 5 CRIST, DISPENZA, HAWKINS, CHELETTE, MANN 

Noes: 

Absent: 2 LEDFORD, LAWSON 

Abstain: 

Vacant: 

PUTY CLERK OF THE GOVERNING BOARD 

Ref. Resolution #13-01, Titled "A RESOLUTION OF THE GOVERNING BOARD OF THE 

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, 

CERTIFYING THE NOTICE OF EXEMPTION, RESCINDING RULE 1110 - EMISSIONS 

FROM STATIONARY INTERNAL COMBUSTION ENGINES (DEMONSTRATION) AND 

DIRECTING STAFF ACTIONS." 
RESOLUTION 13-01 

A RESOLUTION OF THE GOVERNING BOARD OF THE ANTELOPE VALLEY AIR 

QUALITY MANAGEMENT DISTRICT MAKING FINDINGS, CERTIFYING THE NOTICE OF 

2 EXEMPTION, RESCINDING RULE 1110 - EMISSIONS FROM STATIONARY INTERNAL 

COMBUSTION ENGINES (DEMONSTRATION) AND DIRECTING STAFF ACTIONS. 

3 

4 On January 15, 2013, on motion by Member HAWKINS, seconded by Member DISPENZA, and 

5 can-ied, the following resolution is adopted: 

6 WHEREAS, the Antelope Valley Air Quality Management District (AV AQMD) has authority 

7 pursuant to California Health and Safety Code (H&S Code) §§40702, 40725-40728 to adopt, amend or 

8 repeal rules and regulations; and 

9 WHEREAS, the proposed rescission will remove a rule that is inapplicable due to the termination 

1 O of the program prior to the formation of the AV AQMD and the fact that none of the program engines 

1 I were located within what is now the jurisdiction of the AVAQMD; and 

12 WHEREAS, on July 1, 1997 the Antelope Valley Air Pollution Control District (AV APCD) was 

13 created pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and 

I 4 assumed all air pollution control responsibilities from the South Coast Air Quality Management District 

15 (SCAQMD) for the area of Los Angeles County outside the South Coast Air Basin; and 

16 WHEREAS, the SCAQMD rules in effect within the jurisdiction of the AV APCD remained in 

I 7 effect until the AV APCD Governing Board superceded, amended, or rescinded them; and 

18 WHEREAS, once again the rules in effect at the time of the change remained in effect until the 

19 AV AQMD Governing Board superceded, amended or rescinded them; and 

20 WHEREAS, SCAQMD adopted Rule 1110 on November 6, 1981, and is the effective rule in the 

2 I AV AQMD Rule Book; and 

22 WHEREAS, Rule 1110 - Emissions From Stationary Internal Combustion Engines 

23 (Demonstration) was adopted by SCAQMD on November 6, 1981 to set up a demonstration program to 

24 collect emissions data for SCAQMD Rule 1110.1 - Emissions from Stationary Internal Combustion 

25 Engines; and 

26 WHEREAS, the SCAQMD demonstration program was completed on or about November 1991; 

27 and 

28 // 

Page 1 of 4 
RESOLUTION 13-01 

WHEREAS, this was prior to the formation of the AVAPCD on July 1, 1997; and 

2 WHEREAS, Rule 1110 was subsequently rescinded by the SCAQMD on November 14, 1997; 

3 and 

4 WHEREAS, Due to the provisions of the implementing statute and the subsequent statutory 

5 creation of the AV AQMD the rule remained in the AV AQMD rule book though it was inapplicable due to 

6 the tem1ination of the program and the fact that none of the program engines were located within what is 

7 now the jurisdiction of the AV AQMD; and 

8 WHEREAS, the AV AQMD is proposing to rescind this rule due to its inapplicability; and 

9 WHEREAS, Rule 1110 is a State Implementation Plan (SIP) rule; and 

10 WHEREAS, removal from the SIP will not cause any increase m em1ss1ons since the 

11 demonstration program was completed prior to the formation of the AV AQMD and the rule is 

12 inapplicable; and 

13 WHEREAS, the proposed rescission is of a rule that is inapplicable due to the termination of the 

14 program prior to the formation of the AV AQMD and the fact that none of the program engines were 

15 located within what is now the jurisdiction of the AVAQMD; and 

16 WHEREAS, the AV AQMD has the authority pursuant to H&S Code §40702 to amend rules and 

I 7 regulations; and 

18 WHEREAS, the proposed rescission is clear in that the meaning can be easily understood by the 

19 persons impacted by the Rule; and 

20 WHEREAS, the proposed rescission is in harmony with, and not in conflict with, or contradictory 

21 to existing statutes, court decisions, or state or federal regulations because this rescission removes a rule 

22 that is inapplicable because the demonstration program has been completed; and 

23 WHEREAS, the proposed rescission does not impose the same requirements as any existing state 

24 or federal regulation because the proposed rescission of Rule 1110 removes a rule that is inapplicable 

25 because the demonstration program has been completed, and thereby does not impose the same 

26 requirements as an existing state or federal law or regulation; and 

27 // 

28 // 

Page 2 of 4 
RESOLUTION 13-01 

WHEREAS, the proposed rescission is needed to remove a rule that is inapplicable due to the 

. 2 tennination of the program prior to the formation of the AV AQMD and the fact that none of the program 

3 engines were located within what is now the jurisdiction of the AVAQMD; and 

4 WHEREAS, a public hearing has been properly noticed and conducted, pursuant to H&S Code 

5 §40725, concerning the proposed rescission to Rule 111 O; and 

6 WHEREAS, a Notice of Exemption, a Categorical Exemption (Class 8, 14 CCR§ 15308) for the 

7 proposed rescission to Rule 1110, completed in compliance with the California Environmental Quality 

8 Act (CEQA), has been presented to the AV AQMD Board; each member having reviewed, considered and 

9 approved the information contained therein prior to acting on the proposed rescission to Rule 1110, and 

IO the AV AQMD Board having detem1ined that the proposed rescission will not have any potential for 

I I resulting in any adverse impact upon the environment; and 

12 WHEREAS, the Board has considered the evidence presented at the public hearing; and 

13 NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the AVAQMD finds 

14 that the proposed rescission of Rule 1110 - Emissions From Stationary Internal Combustion Engines 

15 (Demonstration) are necessary, authorized, clear, consistent, non-duplicative and properly referenced; and 

16 BE IT FURTHER RESOLVED, that the Governing Board of the AV AQMD hereby makes a 

17 finding that the Class 8 Categorical Exemption (14 CCR § 15308) applies and certifies the Notice of 

18 Exemption for the proposed rescission of Rule 111 O; and 

19 BE IT FURTHER RESOLVED, that the Board of the AV AQMD does hereby adopt, pursuant to 

20 the authority granted by law, the proposed rescission of Rule 1110, as set forth in the attachments to this 

21 resolution and incorporated herein by this reference; and 

22 BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon adoption, 

23 that the Clerk of the Board is directed to file the Notice of Exemption in compliance with the provisions 

24 ofCEQA. 

25 

26 

27 

28 

Page 3 of 4 
RESOLUTION 13-01 

PASSED, APPROVED AND ADOPTED by the Governing Board of the Antelope Valley Air Quality 

2 Management District by the following vote: 

3 AYES:5 

4 NOES: 

MEMBER: DISPENZA, HAWKINS, CRIST, MANN, CHELETTE 

MEMBER: 

5 ABSENT:2 

6 ABSTAIN: 

7 

MEMBER: LAWSON, LEDFORD 

MEMBER: 

8 ST A TE OF CALIFORNIA 

) 

) 

) 

) 

) 

SS: 

9 COUNTY OF LOS ANGELES 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

I, Crystal Goree, Deputy Clerk of the Governing Board of the Antelope Valley Air Quality 

Management District, hereby certify the foregoing to be a full, true and correct copy of the record of the 

action as the same appears in the Official Minutes of said Governing Board at its meeting of January 15, 

2013. 

Depu y rk o the Governing Board, 

Antelope Valley Air Quality Management District. 

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